What Regulations Govern the Trucking Industry & How Do They Impact Accident Claims?

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What Regulations Govern the Trucking Industry & How Do They Impact Accident Claims?

As you may know, trucking is a highly regulated industry, with both federal and state rules that govern various aspects of truck operation, safety, and liability. These regulations can affect how you pursue compensation for your injuries and losses after a truck accident. Please continue reading and reach out to the Law Office of Richard M. Kenny to learn more about trucking regulations and how a New York City personal injury lawyer from our firm can help if you’ve been injured due to another party’s negligence. Here are some of the questions you may have:

What are some of the most important regulations in the trucking industry?

Some of the most important regulations in the trucking industry are as follows:

  • Hours of service (HOS) rules. These rules limit how long a truck driver can drive without taking a break or resting. The purpose of these rules is to prevent driver fatigue, which is a common cause of truck accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), the HOS rules for property-carrying drivers are as follows:
    • 11-hour driving limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
    • 14-hour limit: A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
    • 60/70-hour limit: A driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
    • Sleeper berth provision: Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
  • Commercial driver’s license (CDL) requirements. These requirements ensure that truck drivers have the necessary skills and qualifications to operate large and heavy vehicles. To obtain a CDL, a driver must pass a written test and a road test, as well as meet certain physical and medical standards.
  • Drug and alcohol testing. Truck drivers are subject to random, pre-employment, post-accident, reasonable suspicion, and return-to-duty drug and alcohol testing. The FMCSA has a zero-tolerance policy for drivers who test positive for controlled substances or have an alcohol concentration of 0.04 or higher.
  • Vehicle inspection, repair, and maintenance. Truck owners and operators are responsible for conducting regular inspections, repairs, and maintenance on their trucks and keeping records of their activities. They must also comply with federal standards for parts like brakes, tires, lights, and more.

How do these regulations impact your truck accident claim?

If you have been injured in a truck accident caused by a negligent driver or company, you may be able to use these regulations to prove liability and recover damages. For example, if the driver violated HOS rules, didn’t have a valid CDL, tested positive for drugs or alcohol after the accident, or the truck has been insufficiently maintained, you will most likely have a valid personal injury claim. The Law Office of Richard M. Kenny has extensive experience handling truck accident claims and assessing these cases, and we are prepared to fight for the full and fair compensation to which you are entitled. Give us a call today.

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Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer, slip and fall lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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